Work related accident - ***Warning graphic photos***
Discussion
Last Tuesday I was involved in an accident at work caused by someone, resulting in this
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|http://thumbsnap.com/mF7nfdws[/url]
as well as severe bruising to my back, and upper arm.
I have been told I will be left with a 6inch scar, which will widen with time, and most likely will have pain in my arm for the next 6 months or so. I have also noticed my pinky knuckle, and the wrist section directly below it are also beginning to cause slight pain (possibly just bruising of the internal muscle, which was given 2 internal stiches as the A&E doctor did not quite like the look of it, plus I was in pain when he investigated it even after several anithetic injections.
My question is, I have told I should put a claim in, but just wondering if anyone has any advice? Some say I should go through my Union, others say use a private solicitor (ie Fentons) What information will they requirephotos obviously, and a full description of the accident but am I best to keep a note of all doctor/nurse appointments too?
Thanks
url]
|http://thumbsnap.com/mF7nfdws[/url]as well as severe bruising to my back, and upper arm.
I have been told I will be left with a 6inch scar, which will widen with time, and most likely will have pain in my arm for the next 6 months or so. I have also noticed my pinky knuckle, and the wrist section directly below it are also beginning to cause slight pain (possibly just bruising of the internal muscle, which was given 2 internal stiches as the A&E doctor did not quite like the look of it, plus I was in pain when he investigated it even after several anithetic injections.
My question is, I have told I should put a claim in, but just wondering if anyone has any advice? Some say I should go through my Union, others say use a private solicitor (ie Fentons) What information will they requirephotos obviously, and a full description of the accident but am I best to keep a note of all doctor/nurse appointments too?
Thanks
Penny-lope said:
No not my employers fault at all, some one else spilt some oil and I wasn't looking where I was walking properly, the result is a very bad cut on my arm, so I thought I know ! I'll sue the boss because I want some of that lovely compo money you hear about all the time.....mmmmm
Interestingly the first person to even suggested a claim (and I told her not to be so daft) was the paramedic who dealt with me when 999 was called.
I did not trip, and have two witnesses to can verify this, one of which was right behind me as I fell. And further witnesses commented on the 'slippiness' of the floor too after coming to my aid.
And please note, no spillage signs had been placed in the areauntil after the accident!
I did not trip, and have two witnesses to can verify this, one of which was right behind me as I fell. And further witnesses commented on the 'slippiness' of the floor too after coming to my aid.
And please note, no spillage signs had been placed in the areauntil after the accident!
That looks incredibly painful, hope it heals without any lasting nerve/muscle damage.
In terms of a claim the only advise I would offer is to have a long hard think about how this could affect your relationship with your employer. I'm sure they have insurance against this but we all know that in reality people can have very funny attitudes to this kind of situation.
If you like your job and where you work is a claim worth possibly damaging that?
If there is significant damage and it is going to potentially affect your ability to work or do activities in the future then I'd say go for it, but if the doctors think that in the long term you will make a full recovery I would put it down to one of those things that happen as otherwise what would they be compensating you for, loss of mobility/earnings or just because of the accident!
I don't know they legality of claiming but I thought you would have to prove there was a potential loss?
In terms of a claim the only advise I would offer is to have a long hard think about how this could affect your relationship with your employer. I'm sure they have insurance against this but we all know that in reality people can have very funny attitudes to this kind of situation.
If you like your job and where you work is a claim worth possibly damaging that?
If there is significant damage and it is going to potentially affect your ability to work or do activities in the future then I'd say go for it, but if the doctors think that in the long term you will make a full recovery I would put it down to one of those things that happen as otherwise what would they be compensating you for, loss of mobility/earnings or just because of the accident!
I don't know they legality of claiming but I thought you would have to prove there was a potential loss?
Employers' Liability cover is on a strict liability basis. The accident wasn't your fault so it's theirs. You were badly injured at work thru no fault of your own by the negligent actions of another employee, who was acting on your employer's behalf and being paid by them. Hence your employer injured you.
Any decent employer should know this and should not hold it against you that you make a claim against them (their insurer) for a genuine injury.
Any decent employer should know this and should not hold it against you that you make a claim against them (their insurer) for a genuine injury.
I would suggest you speak to your Union first for support and advice. This doesn't preclude you from using an independent Solicitor to make a claim later if that is what you wish to do.
If the Council has been negligent, and for this type of injury it is very easy to be liable, you would be entitled to compensation for the injury itself and compensation for any financial losses that you incur as a result of the injury.
Councils usually have quite generous sickness benefits if you are injured at work, regardless of fault, which should mitigate your financial losses.
If the Council has been negligent, and for this type of injury it is very easy to be liable, you would be entitled to compensation for the injury itself and compensation for any financial losses that you incur as a result of the injury.
Councils usually have quite generous sickness benefits if you are injured at work, regardless of fault, which should mitigate your financial losses.
Zeeky said:
I would suggest you speak to your Union first for support and advice. This doesn't preclude you from using an independent Solicitor to make a claim later if that is what you wish to do.
If the Council has been negligent, and for this type of injury it is very easy to be liable, you would be entitled to compensation for the injury itself and compensation for any financial losses that you incur as a result of the injury.
Councils usually have quite generous sickness benefits if you are injured at work, regardless of fault, which should mitigate your financial losses.
This.If the Council has been negligent, and for this type of injury it is very easy to be liable, you would be entitled to compensation for the injury itself and compensation for any financial losses that you incur as a result of the injury.
Councils usually have quite generous sickness benefits if you are injured at work, regardless of fault, which should mitigate your financial losses.
Keep ALL records of visits to the doctor/hospital.....all medications prescribed and WHEN they were prescribed and keep them up to date in a diary.
I can not stress this enough, if you do decide to claim you will need to show these.
TwigtheWonderkid said:
Employers' Liability cover is on a strict liability basis. The accident wasn't your fault so it's theirs. You were badly injured at work thru no fault of your own by the negligent actions of another employee, who was acting on your employer's behalf and being paid by them. Hence your employer injured you.
Any decent employer should know this and should not hold it against you that you make a claim against them (their insurer) for a genuine injury.
It is unlikely a Council will have liability insurance. There is no strict liability here. Any decent employer should know this and should not hold it against you that you make a claim against them (their insurer) for a genuine injury.
pete a said:
Penny-lope said:
No not my employers fault at all, some one else spilt some oil and I wasn't looking where I was walking properly, the result is a very bad cut on my arm, so I thought I know ! I'll sue the boss because I want some of that lovely compo money you hear about all the time.....mmmmm
You are also entitled to compensation for the pain and suffering and loss of full use of your arm during the recovery period. Plus you're a young woman left with a permanent scar.
People bang on about the compensation culture but none of that applies in this case. It's a very serious injury and you are entitled to pretty serious compensation. I have some experience in this field (but not an expert) but depending on various factors, I would take an educated guess at a starting figure of around 15K, but easily double that subject to other factors.
You work for a council, and they pay a substantial premium for employers' liability insurance to protect their staff in these circumstances. And ultimately you pay that premium thru your council tax.
Don't let anyone make you feel guilty about claiming.
People bang on about the compensation culture but none of that applies in this case. It's a very serious injury and you are entitled to pretty serious compensation. I have some experience in this field (but not an expert) but depending on various factors, I would take an educated guess at a starting figure of around 15K, but easily double that subject to other factors.
You work for a council, and they pay a substantial premium for employers' liability insurance to protect their staff in these circumstances. And ultimately you pay that premium thru your council tax.
Don't let anyone make you feel guilty about claiming.
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